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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SMT JUSTICE V. SUJATHA, J
Kotikalapudi Govinda Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER:
V.SUJATHA, J.
This Criminal Petition is filed by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings in FIR No.515 of 2021, dated 31.08.2021 on the file of Station House Officer, Bhimavaram I Town Police Station, Bhimavaram, West Godavari District, registered for the offences punishable under Sections 153-A and 505(2) read with 34 IPC.
2. The petitioners herein are accused Nos.1 and 2 and the 2nd respondent is the defacto complainant.
3. The brief facts of the complaint filed by the defacto complainant/2nd respondent are that on 31.08.2021, the 1st petitioner/accused No.1 raised a flexi displaying the local MLA's picture without obtaining any permission. It is alleged that by doing so, the 1st petitioner showed disrespect to the YSR Congress party and local MLA and promoted enmity and created disharmony among the public. It is further alleged that previously also, the 1st petitioner encouraged Janasena party activities to attack on Dalit community people in Matsyapuri village. It is further alleged that the 2nd petitioner, who is the Editor of "Vasista Today‟ evening daily newspaper, has published news about raising of the said flexi in the said newspaper, and t
The court ruled that raising a flexi for public issues does not constitute promoting enmity under IPC, and continuing proceedings would be an abuse of process.
Point of law: The extreme that the High Court thought that in the exercise of its inherent powers under Section 482 of the CrPC, it could quash a First Information Report. The police had not even com....
To constitute offences under Sections 469 and 505(2) IPC, there must be intent to harm reputation and the existence of distinct groups, which were not present in this case.
The High Court quashed the FIR under Sections 125 of the Representation of the People Act and 504 IPC due to insufficient evidence for promoting enmity or intentionally provoking a breach of peace.
The court quashed proceedings against petitioners as allegations did not constitute offences under IPC or SC/ST Act, emphasizing the necessity of prima facie grounds for prosecution.
The absence of intention to cause fear or alarm is crucial for establishing an offence under IPC Section 505(1)(b).
The court emphasized the importance of freedom of the press and the need to exercise inherent powers to prevent abuse of process of law.
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